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2018 Supreme(HP) 1264

TARLOK SINGH CHAUHAN
Ram Rattan – Appellant
Versus
Fateh Singh (deceased) Through His Lrs – Respondent


Advocates Appeared:
Ajay Kumar, G.D Verma, Gautam Sood, Romesh Verma, Advocates for the appearing parties.

JUDGMENT

Tarlok Singh Chauhan, J —The plaintiffs are the appellants, who after having lost before both the learned Courts below, have filed the instant appeal. The parties shall be referred to as the plaintiffs and defendant.

2. Briefly stated the facts of the case are that the plaintiffs filed a suit for declaration and permanent prohibitory injunction on the allegations that she was a poor scheduled caste lady, who had been allotted Khasra No. 887/844/2, measuring 3 bighas, situated in Mauza and Pargana Satrol, Tehsil Kandaghat, District Solan, H.P. vide order dated 27.02.1999 by the Collector, Kandaghat on the basis that her family fell in the ''Antodaya Family'' category. Over a portion of the land, the Panchayat had constructed a link road ''Dhobra to Pangrol'' and the defendant (now deceased) , who was a clever person, came in contact with her for getting no objection from her. When the plaintiff after consulting her sons refused for the same, the defendant informed that she would be paid compensation as the road had already been construction on the spot. On this pretext, she was brought to Kandaghat Tehsil where her thumb impressions were obtained on certain papers. It was on

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